Insurance Claim – Duty to Defend

By: Derek Hawkins//December 19, 2017//

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7^th Circuit Court of Appeals

Case Name: State Auto Property and Casualty Insurance Company

Case No.: 17-1700

Officials: FLAUM, RIPPLE, and MANION, Circuit Judges.

Focus: Insurance Claim – Duty to Defend

In this insurance dispute, insurer State Auto Property and Casualty Insurance Company seeks a declaratory judgment that it has no duty to defend insured Brumit Services, Inc., because the latter failed to provide prompt notice of an accident that eventually led to a lawsuit. The district court concluded that the insured’s 21‐month delay in notifying the insurer was reasonable and awarded judgment to the insured. We disagree. Brumit’s failure to provide prompt notice of the accident was inexcusable under Illinois law. Therefore, we reverse the judgment of the district court.

Reversed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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